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26 DePaul J. Health Care L. 1 (2024)

handle is hein.journals/dephcl26 and id is 1 raw text is: 









   MENTAL HEALTH COURTS: IS THERE ANY HOPE

   FOR  MENTAL ILLNESS IN AN OUTDATED CRIMINAL

                       JUSTICE SYSTEM?


                             Brock  Imel*'

                             ABSTRACT

        Mental  health  awareness  is an ever-growing   field of study
that has  garnered  more  attention in America   after the COVID-19
pandemic.2   As  far back  as colonial  America,  mental   illness was
considered  taboo  in society and often reprimanded   with punishable
crimes.3 This article seeks to divulge into the history of mental health
and  its relation to the law, as well as how   the creation of mental
health courts has led to a decrease in recidivism.4


*1 To preface, mental illness is an especially important topic to me as I know many
people who  have been  affected by their untreated mental illnesses. At my
undergraduate university, I studied political science and psychology which also
fueled my desire to write about the importance of mental health courts. With
experience in psychology and the criminal law field, I felt attached to the
wrongdoings I was seeing and sought to inform readers of the importance of
mental health courts and how  state legislatures can better represent these
individuals in criminal proceedings. I strongly feel that in order to provide a free
and fair trial for mentally ill defendants, there must be an inquiry into their mental
illness and the availability of resources to these individuals to not only help them
improve mentally, but to decrease the chances of them committing another crime
and returning to the prison system. I would like to thank the DePaul University
Journal of Health Care Law and my friends and family for their support and
guidance through this process.
2 Ana Carla dos Santos Costa et al., Mental Health in the Post COVID-19 Era:
Future  Perspectives, EINSTEIN (SAO  PAULO), Apr.  25, 2022,  at  1, 2,
https://doi.org/10.31744/einsteinjournal/2022CE6760 ([I]t is expected that
after the pandemic, global health systems will experience increased demands for
mental health care.).
3 See Wulf R6ssler, The Stigma ofMental Disorders, 17 EMBO REPS., 1250, 1250
(2016), https://doi.org/10.15252/embr.201643041 (stating that individuals with
mental illness were burned at the stake, murdered, sterilized, etc.).
4 See  Charlotte Nickerson, Recidivism: Definition, Causes & Examples,
SIMPLYPSYCH.,  https://www.simplypsychology.org/recidivism.html (Oct. 10,
2023) (stating that recidivism refers to the relapse of an offender into criminal
behavior).


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